TBA Law Blog


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Posted by: Suzanne Craig Robertson on Mar 1, 2017

Tennessee Supreme Court Chief Justice Jeff Bivins told WCYB that there are pros and cons to the legislation that has been proposed that would take death penalty appeals directly to the Supreme Court, bypassing the court of appeals. "It would probably speed up the process by six months or so," Bivins said. "But it also is helpful to have the court of criminal appeals review it because they are able to narrow down the issues and it's another set of eyes on that." Shortening the time spent on the process is one goal, but Bivins points out that something may be overlooked in the rush. "It's an incredibly important decision. It's a critical decision," he said. "It's a life or death decision, literally."

Posted by: Suzanne Craig Robertson on Mar 1, 2017

Former State Rep. Joe Armstrong will not appeal his felony conviction in U.S. District Court in Knoxville, according to Knoxnews. Armstrong, who represented East Knoxville for 28 years, faced three felonies for hiding a $321,000 windfall from a sin tax hike on which he voted from the IRS. At a trial last year, a jury acquitted him of the two most serious counts and convicted him of filing a false tax return. In January, Senior U.S. District Judge Thomas Phillips set him free with house arrest, probation and community service. He leaves with no jail time, but will pay the IRS its money. He retired from the legislature and kept his pension.

Posted by: Katharine Heriges on Feb 28, 2017
In the wake of the Jeremy Durham audit, the Tennessee Senate approved a bill yesterday to put more restrictions on the investments legislators can make with campaign funds, Humphrey on the Hill reports. Sen. Doug Overbey, R-Maryville, introduced the bill that would require campaign funds to be deposited and maintained in a traditional bank account insured by the FDIC. The bill received near-unanimous support in the Senate, with Sen. Todd Gardenhire, R-Chattanooga, casting the only no vote.
Posted by: Katharine Heriges on Feb 28, 2017
Tennessee House Democrats unveiled a legislative package yesterday that they called the "People’s Bill of Rights," a list of dozens of bills including legislation to increase expunction for non-violent crimes, lessen sentencing for marijuana possession, increase the minimum wage, eliminate taxes on food, increase penalties for domestic violence crimes, eliminate voter ID laws and more. Access the full document to read more at the Nashville Post.
Posted by: Katharine Heriges on Feb 28, 2017
A resolution to condemn California’s ban on state-funded travel to Tennessee has passed a state Senate panel, the Times Free Press reports. The resolution requests Gov. Bill Haslam and the legislature to retaliate in kind. California instituted the state-funded travel ban against states with laws that were deemed discriminatory towards LGBT persons. The Tennessee resolution, sponsored by Sen. Mike Bell, R-Riceville, received criticism from fellow Republicans for what it could mean for economic development with the Golden State, which boasts the world's seventh largest economy.
Posted by: Katharine Heriges on Feb 27, 2017
Tennessee House Speaker Beth Harwell, R-Nashville, has begun posting a list of legislative pre-meetings on the legislature’s website after receiving scrutiny for allowing lawmakers to hold the meetings without notifying the public. The Tennessean reports that the change occurred on Friday. Pre-meetings are usually held in legislative conference rooms and allow lawmakers to discuss a bill prior to its appearance in committee.
Posted by: Katharine Heriges on Feb 24, 2017
An East Tennessee Republican filed an ethics complaint against House Minority Caucus Leader Mike Stewart, D-Nashville, claiming that Stewart used his questioning of the Tennessee Emergency Management Agency to benefit his law firm, the Tennessean reports. Rep. John Ragan, R-Oak Ridge, filed the complaint yesterday. Stewart questioned TEMA with regards to the Gatlinburg wildfires during a committee hearing, and his firm, Branstetter, Stranch and Jennings, is currently representing someone affected by the fire.
Posted by: Katharine Heriges on Feb 21, 2017
East Tennessee lawmakers are pushing for Gov. Bill Haslam to include at least $25 million of the $1 billion in state surplus money to go to Gatlinburg wildfire relief, Knoxnews reports. Rep. Haslam said much of the surplus money is already targeted for other initiatives, but is looking at other options. A bill providing property tax relief to victims of the fires cleared a House committee today.
Posted by: Katharine Heriges on Feb 21, 2017
Rep. Martin Daniel, R-Knoxville, has changed the nickname of the proposed “Milo bill” after video surfaced of the legislation's namesake appearing to condone pedophilia, the Tennessean reports. Rep. Mike Stewart, D-Nashville, held a press conference asking Daniel to withdraw the bill after Milo Yiannopoulos’s comments came to light. Daniel did not pull the bill and instead renamed it the “Thomas Jefferson, Patrick Henry, Thomas Paine, & the MLK Jr.” bill.
Posted by: Katharine Heriges on Feb 17, 2017
Former state House Rep. Mark Lovell was found to have violated the legislature’s sexual harassment policy, the Tennessean reports. The specific details were not included in the investigation memo, but a special House subcommittee determined Lovell was in violation of the policy. Because he resigned on Tuesday, House Ethics Committee Chairman Steve McDaniel, R-Parkers Crossroads, said that they could not level any punishment.

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